T.D.G. v. L.R.
293 P.3d 276
Utah2012Background
- Mother executed a testamentary guardianship appointment giving custody to Grandparents; Goings, though not formally intervening, challenged the guardianship.
- Goings filed an objection to the Guardianship Appointment, later treated as an intervenor under Utah code §75-5-208, establishing standing.
- Guardianship and Paternity actions were concurrent; Goings was adjudicated as the legal father in a separate Paternity Action after Guardianship was confirmed.
- The district court held that Goings was not a legal parent under Utah law at the time of confirmation and thus Grandparents’ guardianship was valid under the Testamentary Appointment Statute.
- Goings appealed the denial of his motion to vacate the Guardianship Appointment; the Utah Court of Appeals certified the case to the Utah Supreme Court.
- The Supreme Court affirmed the district court, ruling no preserved plain-error warranted reversal and that sanctions against Goings’s counsel were beyond the court’s jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal | Goings had intervenor status as an objector. | Grandparents contend he lacked standing as non-parent. | Goings had standing; affirmed district court. |
| Preservation and plain error | Goings preserved due process and notice arguments. | Issues not preserved; no plain error. | No reversible plain error; issues not preserved. |
| Validity under Testamentary Appointment Statute | Petition lacked requirement that surviving parent be adjudged incapacitated. | Statute governs testamentary appointment; no notice requirement. | Petition valid; guardianship affirmed. |
| Custody and guardianship scope | Custody could not automatically follow guardianship. | Guardianship includes custody; Grandparents approved. | Guardianship includes custody; no error in custody award. |
Key Cases Cited
- Pratt v. Nelson, 2007 UT 41 (Utah 2007) (preservation requirements; standard for plain error)
- Maestas, 2012 UT 46 (Utah 2012) (statutory interpretation; guardian duties)
- Lehr v. Robertson, 463 U.S. 248 (U.S. 1983) (due process and unwed fathers' opportunity)
- T.M. v. B.B. (In re Adoption of T.B.), 2010 UT 42 (Utah 2010) (best interests; nonpreservation caveat)